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Guidelines for Examination

 
 
2.5
Assessment of "added subject-matter" – examples 

If an application relates to a rubber composition comprising several ingredients and the applicant seeks to introduce the information that a further ingredient may be added, then this amendment should normally be objected to as offending against Art. 123(2).

A new range that is based on the combination of the lower limit of the general range with the lower limit of the preferred range, thus excluding the preferred range, may be acceptable (see T 1170/02).

In an application which describes and claims an apparatus "mounted on resilient supports", without disclosing any particular kind of resilient support, objection should be raised if the applicant seeks to add the specific information that the supports are, or could be, e.g. helical springs.

If, however, the applicant were able to demonstrate that the drawings, as interpreted by the skilled person, show helical springs, the specific mention of helical springs would be allowable, at least in the context of the specific embodiment where it is disclosed (see also H-V, 3.2.1).